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26 J. Pol. Stud. 1 (2019)

handle is hein.journals/jlo26 and id is 1 raw text is: 


Journal of Political Studies, Vol. 26, Issue - 1, 2019, 01:17


Implementation   of Child Right to Participation under UN  Convention:  Myth  and
                                     Reality

                                 Haroon  Rafique

                                    Abstract

The  landmark  United  Nations Convention  on  the Rights of the  Child (UNCRC)
introduced 'unique' provision of the right to child participation in its Article 12. This
Convention, ratified by most states including Pakistan, gives right of participation to
children in making decisions on matters related to them and makes it binding for the
states to implement it in letter and spirit. The state is responsible for creating enabling
environment  which  includes creation of necessary institutions, enacting or where
necessary amending   laws, formulating policies and strategies, allocating sufficient
budgets, making  congenial  environment  for NGOs   and public consultations. This
paper  argues that state in Pakistan has not been able to sufficiently develop the
enabling environment   to fulfill the obligations that resulted in the aftermath of
ratification UNCRC.

Keywords:   Child Participation, UNCRC, Policy and Institutional role of government,
Implementation

                                  Introduction
The  'traditional' societies do not generally consider it necessary and significant for
children to speak in matters related to them as compared to the need for continuous
welfare and protection of adults for them. They were understood, especially prior to
the adoption of UN   Convention on  the Rights of the Child (UNCRC) in 1989, as
passive, powerless and uninfluential objects who were vulnerable and hence required
welfare and protection of adults (Parkes, 2013). Therefore, they were marginalized in
public discourse  and were  never  expected to play  any role in  the process that
determines  policies affecting  them  because  they  cannot  organize  themselves
politically (Rayner, 1991).
According  to traditional views children are supposed to live under the constant control
and supervision of adults and they are not regarded as capable of making independent
decisions for themselves and hence are not in a position to consciously participate in
decision making  process (Harris-Short, 2003; Such  & Walker,  2005).  Traditional
societies also believe that children have responsibilities towards their families and
parents which, according to them, are more important than any right to participation
(Toope, 1996). Due  to historically sub ordinate position of children in society all the
child specific laws and policies are typically formulated by adults who think they
know  what is best for children (Goode, 1986; Mayall, 2000).


*Author is public policy expert, Government of Pakistan.

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